Is it possible to file a suit against landlord due to tenant keeping dozens of cats?

Question

My parents, and their neighbors, have a huge problem with a neighbor who is feeding about twenty-plus un-spayed/un-neutered stray cats who have made going out into the yard impossible, between the fleas and the pungent cat waste. The landlord lives on the property and they have asked him to take care of the issue with the tenant, but aside from telling her she is not allowed to keep feeding the cats, he’s done nothing and claims that is the end of his responsibility. My parents will have to replace their roof sooner then planned because it is being ruined by the cats. In general, the cat issue has made living there quite unpleasant. We’ve gone the SPCA route, contacted the pound, but no one can offer any help. Do they have legal recourse to compel the landlord to take responsibility, financial or otherwise, for this issue?

Answer 1

they can't sue him as a "landlord." but they can sue for the nuisance and damages to their property causes by the nuisance. all they have to do is record the damages that they are experiencing on their property, gather quotes, and they are good to go.

also, never hurts to have the city take action against the property owner. call the building department, the division that enforces housing matters, and file a complaint. stay in their ear b/c all government agencies can be slow!! since it is a rental property, it should be subject to yearly rental inspections and other standards. ask to speak to an inspector responsible for your area, then request him or her to come do an inspection of the premises. they can write citations against the property owner, and/or even condemn the house if it really is that unsanitary. it's quite possible that the house isn't even a registered rental, so you may be able to get him in trouble that way.

it really helps if you can get the city to prosecute the property owner (by writing citations), because the city can ask for injunctive relief and/or the owner to compensate for your damages without you having to sue on your own. but yes, you are still at liberty to sue (in my opinion). probably small claims, depending on the damages. that way you do not need a lawyer. just make sure you have pictures and estimates of the damage to the property. good luck.

Answer 2

First of all, read your lease and see if it says anything about pets. You may be able to use that against the landlord. But, read the lease carefully; sometimes it does use wording that you can use in a court of law.

Secondly, if the ASPCA has not come by, go over their heads and contact the Mayor's office. Call and complain, and also put your complaints in writing and send "Receipt Requested." Do not take the reply, "Call the ASPCA" but TELL them that the ASPCA is not doing anything in spite of the many calls to them.

Thirdly, contact the Ombudsman, who is the person paid to see that the government agencies do as they're supposed to do on your behalf.

Do you have access to a digital camera? Put a newspaper front page nearby where the cats are fed and take photos, and also forward to the Sanitation Department, the Health Department, ASPCA, the Mayor's Office, and the Ombudsman's office... and continue to call and demand to speak with someone (take the name and jot down the time and date and write up a summary of what was said by you and the other person).

I am a cat lover. Those neighbors, unfortunately, think they are doing good but in feeding those poor strays, they are creating more harm to the cats and neighbors. I'm sorry for those poor cats. They did not ask to be abandoned and their life is indeed a difficult one, and it would be more difficult if not for the kind souls that feed them occasionally. Yet, the food is doing more harm than good because they are doing what comes natural to them... multiplying.

Answer 3

You can sue anyone for anything, but the question is can you win and will it improve your life. Since the cats are outside, the landlord may not be responsible. Consult a lawyer who works on a contingency, i.e. he only gets a percentage of what you win.

No one should have to live with that. You can probably hire a pest control company to trap and remove the cats, but they cannot set traps on the landlords property without his permission. That will be money out of your pocket, though. You can also contact the board of health - you shouldn't have to live in conditions like that. You can also try asking a local or national TV news station for help - they love human interest stories about bad landlords and neighbors. Try ABC's "7 on Your Side". Show them logs of how many times you ahve spoken to the landlord, your neighbor, the SPCA, etc. Also make a video of how disgusting it is, and especially how it is affecting the neighborhood kids.

Don't poison the cats, or you could be facing big fines or even jail time for animal cruelty. You can also trap them yourself with a hav-a-hart trap and take them to the pound. Good luck!

Answer 4

Tell your parents to contact the city. All cities have ordinances about animals. They could also call animal control which is part of the local police department. There are things you can do but it will depend on what the laws and codes of the city are.

The landlord's passivity can be over stepped by the local city government.

Answer 5

confident. in case you bypass away state lines and the owner decides to sue, he could have you ever "served" (notified which you're being sued) with an order to look in his state. in case you do no longer look, the owner gets a "default judgment" - meaning he right away wins his case. no count if it somewhat is a small claims case ($3,000 to $5,000 declare - finding on the jurisdiction) and you do no longer take place, the courtroom usually won't concern a bench warrant on your arrest, yet will in basic terms enter the default judgment against you. next, you would be ordered to pay the judgment in finished interior of 21 to 30 days (returned, finding on the regulations of his jurisdiction). in case you do no longer pay interior of this time-physique, the owner can circulate to the collections component of the judgment. He might settle directly to hire a collections organization to bypass once you - which will finally end up garnishing your wages, seizing money on your financial enterprise money owed, intercepting state tax returns, or different sequence treatments as accepted by skill of regulation. salary garnishment - varies by skill of state. some states (which contain Texas) limit garnishing wages alltogether. maximum jurisdictions enable the garnishment of wages of as much as twenty-5 % of your income. the best element to do may well be to get in touch including your previous landlord and make fee preparations. in case you do no longer, your credit will finally get ruined and your existence would be made a residing Hell. in maximum situations, the plaintiff has seven years to collect the debt, and your credit would be ruined the finished time. So till you do no longer plan on procuring a vehicle, renting an place of living, removing a private loan, commencing a sparkling mastercard, or making use of for any job or something that demands a credit verify for the subsequent 7 years, this might hang-out you for destiny years in case you do no longer safeguard it. good success!

Answer 6

only if the can prove the cats are damaging the property.... contact the health department, sounds like a sanitation issue is caused by all the cat feces in the yard

Answer 7

Many places have laws that limit the number of pets you can have. Take pictures for evidence, and get roof estimates in case you do end up in court.

Answer 8

Well, if the cats are not fixed, strays, and living outside, then they are feral. If you really want to end the problem, you can take actions to "eliminate" them yourselves!

Answer 9

have you tried calling the health department? it is a public nuisance and health matter to have that many cats around?

Answer 10

Check in to local ordinances